A recent High Court decision, widely reported in the media, has highlighted an issue that can arise in estate administration: uncertainty in the wording of a will.
In that case, an estate of significant value could not be distributed for a number of years because the wording used in the will did not clearly correspond with how certain assets were legally owned. The court was ultimately required to interpret the wording and determine how the estate should pass.
While such cases are not the norm, they illustrate an important point: a will may be legally valid but still give rise to uncertainty in practice. Where this happens, the administration of the estate may be delayed, and in some situations, court involvement becomes necessary.
This article explains how the law in England and Wales approaches unclear wills, the distinction between validity and interpretation, and the practical steps that can help reduce the risk of uncertainty.
What Makes a Will Legally Valid?
The legal requirements for a valid will are set out in section 9 of the Wills Act 1837.
To be valid, a will must:
- Be in writing
- Be signed by the person making the will (the testator), or by someone else in their presence and at their direction
- Be made with the intention of giving effect to the will
- Be signed or acknowledged by the testator in the presence of two witnesses present at the same time
- Be witnessed and signed by those two witnesses in the presence of the testator
If these formalities are met, the will is generally valid.
However, validity alone does not guarantee that the will can be administered smoothly. A will may comply with all legal requirements but still create difficulties if the wording is unclear or does not reflect how assets are actually owned.
Validity vs Interpretation: Understanding the Difference
It is important to distinguish between two separate legal issues.
Validity concerns whether a will is legally recognised at all. Challenges to validity may involve lack of proper execution, lack of testamentary capacity (as set out in Banks v Goodfellow), undue influence, or lack of knowledge and approval.
Interpretation arises where the will is valid, but there is uncertainty about what the wording means or how it applies to the estate. The court is not concerned with whether the will is valid, but how it should be understood.
How the Court Interprets an Unclear Will
When a will contains unclear or ambiguous wording, the court’s role is to determine the intention of the testator based on the words used.
Section 21 of the Administration of Justice Act 1982 allows the court to admit external evidence where the wording is meaningless, ambiguous on its face, or ambiguous when applied to the surrounding facts.
The court may consider:
- The wording of the will as a whole
- The surrounding circumstances at the time the will was made
- The nature of the assets involved
The court does not rewrite the will but interprets the language used in a way that gives effect to the testator’s intention so far as the wording allows.
Ownership Structures and Why They Matter
A key issue that can arise is the difference between legal ownership and personal understanding of ownership.
For example, a property may be legally owned by a company, while the individual owns shares in that company. In law, the company is a separate legal entity, meaning the individual does not personally own the property.
If a will refers to “my property” in these circumstances, uncertainty may arise. The question may be whether the wording refers to the property itself, the shares in the company, or whether the asset has not been properly captured at all.
This type of issue may require the court to determine how the will should operate.
Interpretation vs Rectification
Two related legal concepts may arise.
Interpretation involves the court determining what the wording of the will means. The wording itself is not changed.
Rectification, under section 20 of the Administration of Justice Act 1982, allows the court to correct a will where it fails to reflect the testator’s intentions due to a clerical error or because the person drafting the will misunderstood those instructions.
Rectification is subject to strict requirements, including a general time limit of six months from the grant of probate (although the court may allow claims outside this period in limited circumstances). It is not available simply because wording is unclear.
Practical Consequences of Unclear Wording
Uncertainty in a will can lead to several practical issues.
Executors may be unable to distribute the estate until the issue is resolved, particularly where there is a risk of personal liability. Legal advice and potential court involvement can increase costs and reduce the value of the estate.
Beneficiaries may face uncertainty about their entitlement and delays in receiving assets. Executors may need to seek directions from the court before proceeding.
Uncertainty can arise in a number of situations, including:
- Informal or imprecise descriptions of assets
- Failure to reflect legal ownership structures such as companies or trusts
- Changes in assets after the will was made
- Unclear identification of beneficiaries
- Use of general or non-specific language
These issues are often avoidable with careful drafting and review.
The Importance of Reviewing a Will
A will should be reviewed periodically to ensure it reflects current circumstances.
This is particularly important following property transactions, changes in business or company ownership, changes in family circumstances, or significant financial changes.
It is also important to note that marriage generally revokes a will unless it was made in contemplation of that marriage.
How The Legal Practice Solicitors Can Help
At The Legal Practice Solicitors, we provide clear and practical advice to help ensure that your will reflects your intentions and can be administered efficiently.
We assist with drafting wills that are clearly structured, legally accurate, and tailored to your personal circumstances.
We can review existing wills to ensure they reflect your current assets and align with how those assets are legally owned.
We also assist executors and beneficiaries where a will is unclear, providing advice on interpretation and helping progress estate administration.
We offer an initial consultation to understand your circumstances and provide clear guidance.
Frequently Asked Questions
1. What happens if a will is unclear?
If a will is unclear, executors may need legal advice. In some cases, the court may be asked to interpret the wording.
2. Does an unclear will mean it is invalid?
No. A will can be valid but unclear. Validity relates to legal formalities, while interpretation concerns meaning.
3. Can a will be changed after death?
A will cannot usually be changed after death, but the court may interpret or, in limited circumstances, rectify it.
4. What is testamentary capacity?
Testamentary capacity is the legal ability to make a will, based on understanding the nature of the act, the estate, and potential beneficiaries.
5. How long does it take to resolve issues with a will?
This depends on complexity. Some matters resolve quickly; others may take longer if court involvement is required.
6. Can unclear wording delay probate?
It may delay distribution of the estate, even if probate itself is granted.
7. Should I review my will regularly?
Yes, particularly after significant life or financial changes.
Is Your Will Clear Enough to Protect Your Family?
Unclear wills can create confusion over beneficiaries, assets, and intentions—often resulting in disputes. Make sure your estate plan leaves no room for doubt.
Disclaimer: This article is for general information only and does not constitute legal advice. The law stated is that of England and Wales at the date of publication. Specific advice should be sought for individual circumstances. The Legal Practice Solicitors did not act in the matter referred to in this article.